the etui database of european works...

The ETUI database of European Works Councils

Romuald JagodzinskiResearcher

[email protected]

European Trade Union Institute

Colloque« La place de l’encadrement dans les CEE au regard de la directive 2009/39/CE »14 et 15 octobre 2010

27/10/2010 ETUI © R. Jagodzinski 2010 2

Agenda

1. The EWC database of ETUI1. Structure of the database2. Selected statistics on EWCs 3. www.ewcdb.eu4. www.worker-participation.eu


EWC database - development● 1995 – birth of the database

● collaboration with some twenty-one research institutes + EIFs● initially a database of multinational companies that fall within the

scope of the EWC Directive● In 1999 creation of database containing EN texts of EWC

agreements● In 2004 the collection of agreements and the data on multinationals

were integrated into a single database● supplemented with a selection of data analysing the contents of the

agreement (by Infopoint) ● The latest published update on CD Rom: 2006.● In 2006 a selection of the data put online ( www.ewcdb.org )● 2007 the complete database made accessible online via

www.ewcdb.eu● 2008 addition of SE fact sheets (SE database module)● 2009 – 2010 Inclusion of content analysis (SDA + ETUI), to be

completed 2011


EWC database: general structure

ETUI database of EWCs

EWCdatabase

Database of multinational companies

SEsdatabase

EWCs Social Dialogue bodies Contacts Substantive agts

EU legal provisionsJurisprudence(national, ECJ)

Workers’ and employers’ organisations

ongoing

ongoing


Basic structure of the ETUI database

Multinational company(GroupCoID)

Body level (EWC)(BodyID)

Document level (EWC agreement)(AgreementID)

GM Chemtura

GMEECO

Renegotiated Agreement 2005

Renewal Agreement 1999

Renewal Agreement 2002

GMAC

InstallationAgreement 1996

Multinationalcompany

EWCmarketing division

EWCproduction division

1996: EWC installation agreement, now obsolete

2000: EWC renegotiated agreement (still valid)

letter regarding the revision of the EWC Directive

substantive agreement

EWClogistics division

2001: amendment to EWC agreement (still valid)

Rules of procedure

World Works Council

Example of a structure of a complete record in the ETUI database

Content Analysis


•NEW / UPCOMING (2011 … )•Content analysis•More statistics (2010)•Link to news on individual EWCs (2010)

Features of the database – EWC documents

Information per EWC document● Still effective● Installation type: installation agt / amendment / renegotiated (renewal) / renegotiated

(change of terms of agt)● Date of signature

● Duration

● File status: ready for publication / not available / not for publication

● Language of reference● Text available in languages (digital, signed)

● Linked organisations (EIFs, national TUs, employer organisations, etc.)

● Linked bodies (sometimes > 1)● Linked multinationals (sometimes > 1)

● Thesaurus entries


Other new features coming up during 2010

● Database of court cases● Documents (court rulings, articles, etc)● Link to EWCs● Link to news ● Comparative table

● News items linked to each EWCs + on general issues● Full text search (e.g. restructuring, crisis, recast)● Pre-defined search queries● PlanetLabor.com

● Agreement content analysis (currently over 500 agreements)● Cooperation with SDA● Pre-defined queries

● More statistics


Content analysis – initial findings, trends

● Analysis is in the initial phase● Too early to draw conclusions about any complex

interdependancies, trends, correlations, etc.● In the final phase: report / publication (2011)

● In total 90 questions per agreement with multiple a nswers● Content analysis divided into sections

● Constitutional / legal issues● Renewal/renegotiation ● Composition/geographical scope● Seats/mandate● Confidentiality ● Information and Consultation● Plenary meetings ● Select committee + extraordinary committee ● Support available to the EWC


Content analysis criteria● constitution/legal issues

● Date of agreement

● Agreement type

● Employee-side signatories

● National transposition law applicable

● Duration of mandate for agreement

● Re-negotiation

● Composition

● Geographical scope

● The number of EWC members

● The geographical distribution of EWC members

● Allocation of seats

● Size threshold for a seat

● Upper limit on the number of

•seats from one country

•The selection of employee

representatives

•Mandate of employee representatives

•Confidentiality provisions

•Protection for employee representatives

•Information and consultation

•Definitions

•Role

•Competence

•Specifically excluded agenda items

•Plenary meetings

•Frequency of plenary meeting

•Duration of plenary meeting


Content analysis criteria

● Extraordinary meetings

● Form of extraordinary meeting

● Procedure for calling extraordinary

meetings

● Support available to the EWC

● External participants

● European industry federation presence

● Presence of Expert(s)

● Operating expenses

● Training for EWC members

● Communication systems within the EWC

● Can EWC members visit the sites of

operations covered by the EWC?

•Chairing of plenary meetings

•EWC preparatory meeting

•EWC debriefing meeting

•Provisions for agenda setting

•Minutes of plenary meetings

•Language interpretation

•Language translation

•Working documents

•Provision for feedback/dissemination

•Select committee and extraordinary committee

•Presence of a select committee

•Responsibilities of select committee


Most common features

● Some most common features● Vast majority of agreements: 1 meeting per year● agreement types● date of signature ● agreement valid or not

● Agreement linked to Multinational ● EWC body type


Statistics - overview

EWC bodies ever created: 1166

EWC bodies still active: 961

Multinational companies with an EWC: 903

EWCs in negotiation: 48

EWCs merged or dissolved: 174


Development of EWCs over the years

33 19

72

397

51 68 82 8551

35 41 34 31 35 30 4017 6 17

99

52

124

520

570

626

683

747772 789

819838

855879 891

926 938961

0

-30

20

70

120

170

220

270

320

370

420

470

520

570

620

670

720

770

820

870

920

970

befo

re 19

94

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

No da

ta

new EWCs EWCs dissolved Total EWCs active

* - for additional 9 EWCs the date of creation is not known


Development of EWCs over the yearsReasons of establishment

24

25 5 6

9

19

72

62

77 77

40

26

33

27

2325

23

36

16

6

394

0

10

20

30

40

50

60

70

80

1985

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

company converted into SE

creation from spin-off

installation from merger

installation from scratch

not confirmed


EWC bodies currently active, by country of headquarters

1 1 1 1 2 2 4 6 919 23

30 34 35 4053

72

101114

158

2 4 5 5

23

39

154

020406080100120140160

Greece

Portugal

Slovenia

Czech

Cyprus

Hungary

LU &

Ireland

Spain

Norway

Austria

Denmark

Finland

Italy

Belgium

Netherla

Sweden

France

United

Germany

South

Australi

Canada

other

Japan

Switzerl

United


European Works Council bodies dissolved , by year and reason of dissolution

6

9

7

45

7 7

54

6

21 1

6

15

12

21

11

43

8

3

6 6

0

5

10

15

20

25

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

acquisition company converted into SE dissolved (bankruptcy) dissolved (lack of interest) dissolved (no longer covered) dissolved (sold off) merger not confirmed


EWC bodies currently active, by category of employment in EEA

37%

39%

17%

7%empl. in EEA unknown

small companies (< 5000empl. in EEA)

medium companies (between5000 and 10000 empl. inEEA)large companies (morethan 10000 empl. in EEA)


EWC bodies currently active, by category of internationalisation(number of EEA countries in which the company has operations)

13%

3%

28%56%

number of countriesunknown

less than 5 countries

between 5 and 10countries

more than 10 countries


EWC bodies currently active, by type

6% 1%

48%

41%

3%1%

art.13 EWC

art.3 EWC (UK-IE basedpre-direct)art.6 EWC

information & consult.proceduresubsidiary requirements

SE Works Council


EWC bodies currently active, by sector of activity

0 100 200 300

Building & WoodworkChemicals

Food, Hotel, Catering &

Agriculture

MetalServices CommerceServices Finance

GraphicalServices IBITSOther ServicesPublic Services

TextileTransport


Initial EWC agreements and renegotiated ones by year of signature

0%

20%

40%

60%

80%

100%

1985

1989

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

Initial EWC agreements Renegotiated agreements

* - only initial installation agreements sensu stricto considered (internal rules of procedure, letters, etc. establishing EWCs excluded)


Agreements establishing EWCs: still in force and no longer valid

* - Some EWCs are based on more than one agreement; thus, some EWC agreements are counted double and if summed up on this slide, their number exceeds the factual number of currently active EWCs (893)

Agreements still in force

96769%

Agreements no longer valid

44231%


Active EWC bodies and involvement of employees from new EUmember countries and EU applicant countries

Total EWC bodies currently active 938

EWCs including one or more representatives from a new EU member state (2004) 210EWCs including one or more representatives from a new EU member state (2007: BG, RO) 41EWCs including one or more representatives from EU applicant countries (HR, MK, TR) 24


Number of companies affected by the EWC Directive operating in each of the « new » EU member states

84 8756 65

155 162181 185

340

636662

819

29 33

101 108

199

333 334

425

0

200

400

600

800

MT CY LV LT EE SI SK CZ HU PL

MNCs affected by the EWC Directive

MNCs that have set up an EWC

Source: EWC Facts&Figures 2006, P.Kerckhofs & I.Pas, ETUI-REHS 2006


Age (length of existence) of currently active EWCs in years

0

100

200

300

400

500

Years in operation

Num

ber o

f act

ive

EW

Cs

Per

cent

age

of a

ll cu

rren

tly

activ

e E

WC

s

Number of active EWCs (right-hand scale) Percentage of all EWCs currently active (left-hand scale)

Number of act ive EWCs (right-hand scale) 13626246017315

Percentage of all EWCs current ly act ive(left-hand scale)

15,229,351,51,90,31,7

less than 5between 5 and

10between 10

and 15between 15 and

20between 20

and 25unknown


Age (existence) of currently active EWCs by sector of activity

0

50

100

150

200

250

300

350

metal chemicals publicservices

services building &woodwork

food, hotel,tourism

transport textiles

Num

ber o

r EW

Cs

curren

tly a

ctiv

e

less than 5 between 5 and 10 between 10 and 15 between 15 and 20

between 20 and 25 unknown

* - Some multinational companies with EWCs installed are active in more than one sector; thus, some EWCs are counted double and if summed up on this slide, their number exceeds the factual number of currently active EWCs (893)


Agenda

1. Introduction – how did the EWCdb develop?2. European Works Councils and the EWC database

1. Structure of the database2. Selected statistics on EWCs

3. Websites1. www.ewcdb.eu2. www.worker-participation.eu


Examples of exceptional provisions (good, bad neutral)Examples of agreements in the following categories:

○ budget○ expert○ exclusion of specific items from EWC

agenda + further break down per item○ conflict resolution○ training○ time-off for EWC duties○ confidentiality○ principle of subsidiarity○ priority of information○ renegotiation of EWC agreement○ transition in case of merger○ informing employees○ Guests / external parties○ other forms of trade union commitment to EWC○ anti-domination clause○ information & consultation – definitions○ extraordinary circumstances○ renegotiation of agreements○ legal personality○ training○ translation / interpreters○ Link with other EWCs○ Additional EWC meeting

•prospect for establishing and changeover to an se:

•clause for creating a joint

•rotation system of ewc reps:

•Access to company premises

•subcommittees / working groups (within an EWC)

•special communication systems for EWC + EWC websites

•select committee (frequency of meetings)

•gender balance

•EWC on subsidiary requirements

•EWCs inviting employee representatives from outside of EU/EEA

•EWCs in public

•transnationality

•EWCs appointing members of supervisory / directors’ boards

•facilities for EWCs

•EWCs and CSR

•Information & consultation procedure instead of an EWC

•agreements concluded via representative agent (of company)

•registration / depositing of EWC agreements

•support for application for EU projects by an EWC

•recount of employees


Examples of problematic provisions in EWC agreements● Experts :

● limited to one expert● Central management reserves the right to remove any expert (max 2) from any meeting● Expert's assistance limited only to one area (e.g financial matters): once a year EWC may consult the

chartered accountant of the French group committee to present the accounts and figures● An agreement does not mention experts, but 'expert opinions' + no guests are allowed in the I&C

procedure ● By principle costs of experts' participation not covered, though possibility of reimbursement at request

with justification.● Experts not allowed in joint meetings with management (time-outs to consult necessary)

● Select Committee : SC meetings held only in English, no translation or interpretation facilitesavailable

● going public : ● EWC members are prohibited from making any statements to the media concerning the affairs of the

group or any matter discussed at an EWC meeting;● Any contacts of EWC members with the press must be approved by the Chairman● Any communication to third parties outside of the Forum must be approved by management ● EWC (is joint) is not allowed to provide any information to the media without prior consent of

management (CEO)

● informing employees : Any written report of an EWC member to its constituency must be approved by management if it does not contain confidential data or any defamatory statements . Verbal statements must not be defamatory either.

● Frequency of meetings :● Annual meetings can be held as tele-conferences according to a decision by the management

● Adaptation of EWC composition : Changes in employee figures have no effect on composition of the EWC (art. 3.1)


Examples of problematic provisions in EWC agreements● extraordinary circumstances : In principle only representatives from individual countries should

participate in the special meetings

● guests/external parties : Guests are explicitly prohibited to participate in the Company X procedure for information and consultation

● Information & consultation : I&C procedure is understood as meetings of a representative ofmanagement who visits employee representatives in respective sites. Employee reps do not have an explicit right to communicate with each other.. Consultation should take place in writing or by phone

● Confidentiality :

● EWC members shall be PERMANENTLY bound by confidentiality + sanctions for breach

● all information is categorised as confidential by principle unless management informs explicitly this is not the case (inverted proportions!)

● all issues discussed in EWC meetings are considered confidential (art. 11.2)

● Budget : explicit exclusion of a budget for EWC

● Agenda setting :

● management will refuse putting an item on agenda which can seriously harm or be prejudicial to company interest (art. 5.4). Management must give reasons.

● Chairman (management) may classify an issue as outside of scope of the competences of the EWC; he/she may also add an item to the agenda at his discretion.


Examples of problematic provisions in EWC agreements● Training:

● session organised only during the morning on the day preceeding the plenary session (art. 4.5)● Language training limited to 10 days

● Transnationality: is meant as issues affecting at least 4 countries in the EU/EEA, however issues affecting less countries can be put before the EWC

● Languages : ● Representatives of a country where there are less than 30 employees are not entitled to request

additional interpretation or translation (art. 6.2); the company does not assume costs of translation/interpretation to more than 4 languages

● For purpose of translation the host country of the meeting will call one or more of Eltel'semployees with knowledge of languege to participate in the meeting (no professional translation; art. 3.2)

● interpreters / translators not professional ones but where possible employees of the company

● Time-off:● No time off for EWC work● As a basis only 1 day off for EWC duties; management of individual subsidiaries may change

this amount.

● Information and consultation: ● may be denied if it interferes with interests of management of the group or subsidiaries + in cases of

confidentiality (standard)● Consultation does not have to be in advance (Art. 3)


Potentially harmful / ambiguous provisions

● Link to national level:● National level councils not obliged to divulge information to

EWC prior to fulfilment of national I&C obligations● It is expressly prohibited for EWC members to organize

meetings with national level employee / national works council reps / trade union reps within the Member States


www.ewcdb.eu


www.worker-participation.eu

Available in FR, EN, DE

More general and miscellaneous information on EWCs


www.worker-participation.eu

Recast 2009/38/EC

•FAQ on recast (EN and DE)

•History of recast with database of documents

•Overview on new articles in the directive 2009/38/EC

•Table: ETUC demands and Commission proposal

EU wide comparative table on nomination procedures for EWC


www.worker-participation.eu and EWC training


Useful links:

● www.worker-participation.eu● www.ewcdb.eu (changes upcoming!)● www.etuc.org

� Our Activities � Social dialogue and industrial relations� European Works Councils

● www.ec.europa.eu� EU policies� Employment, social affaires and equal opportunities� Labour law

www.etui.org – GENERAL ETUI WEBSITE (will be changed soon!)